Food & Beverage Litigation & Regulatory Update

Tag: natural

  • Court Decertifies Damages Class in Dole “All Natural” Fruit Suit

    A federal court in California has decertified a damages class in litigation alleging that Dole Packaged Foods, LLC misleads consumers by labeling 10 of its fruit products as “All Natural Fruit” because they contain allegedly synthetic ingredients ascorbic acid and citric acid. Brazil v. Dole Packaged Foods, LLC, No. 12-1831 (N.D. Cal., order entered November…

  • Shook Authors Discuss U.S. Regulatory and Litigation Landmines in IBA Newsletter

    Global Product Liability Partners Gregory Fowler and Marc Shelley have co-authored an article titled “Food and beverage labelling and advertising in the United States: Regulatory and litigation landmines,” appearing in the September 2014 issue of the International Bar Association’s Product Law and Advertising Newsletter. The article considers the public and private challenges facing U.S. food and…

  • Consumer Reports Tests “Natural” Foods for GE Corn and Soy

    The Consumer Reports (CR) Food Safety and Sustainability Center has reportedly tested more than 80 processed foods for genetically engineered (GE) corn or soy, concluding that products labeled “natural” contained GE ingredients in levels comparable to those of their conventional counterparts. After analyzing breakfast cereals, bars, corn chips and tortillas, baking mixes and flour, meat…

  • German Appeals Court Dismisses Challenge to Ritter Sport’s “Natural” Vanilla Flavor

    A German appeals court has dismissed a lawsuit brought by consumer group Stiftung Warentest accusing candy manufacturer Ritter Sport of labeling its Whole Hazelnut bar as natural despite containing piperonal, which the group contends can only be obtained using unnatural chemicals. The ruling prevents Stiftung Warentest from claiming Ritter is misleading customers but does not…

  • Jamba Juice Class Certified for Liability

    A California federal court has certified a statewide liability class in a lawsuit accusing Jamba Juice of labeling its home smoothie kits as “all natural” despite containing five synthetic ingredients—ascorbic acid, xanthan gum, steviol glycosides, modified corn starch, and gelatin—but it refused to certify the class for damages. Lilly v. Jamba Juice Co., No. 13-2998…

  • Florida Cases Accusing Bodacious Foods, Kashi of “All Natural” Mislabeling to Continue

    A Florida federal court has rejected a motion to dismiss in a case accusing Bodacious Foods of labeling its cookies as “all natural” despite containing sugar, canola oil, dextrose, corn starch, and citric acid, which the plaintiff alleges should preclude Bodacious from using the “natural” label. Dye v. Bodacious Food Co., No. 14-80627 (S.D. Fla., order…

  • Review of Class Certification Denied, Ascertainability Split Remains

    The Ninth Circuit Court of Appeals has denied a request for interlocutory review of a class certification ruling in an action alleging that Blue Diamond Growers’ almond milk is mislabeled as “All Natural” and the company hides its added sugar content by listing “evaporated cane juice” (ECJ) on its label instead. Blue Diamond Growers v.…

  • Merisant, Whole Earth Sweetener Agree to $1.65 Million Settlement and Pure Via Label Change

    The parties to a putative class action against Merisant Co. and Whole Earth Sweetener Co. have agreed on settlement terms, including changes to the Pure Via sweetener’s website and packaging, class certification and a $1.65- million payment to a settlement fund. Aguiar v. Merisant Co., No. 14-670 (C.D. Cal., motion filed August 18, 2014). The…